[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35602-35603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12098]


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DEPARTMENT OF DEFENSE

48 CFR Parts 211 and 252

[DFARS Case 2003-D073]


Defense Federal Acquisition Regulation Supplement; Describing 
Agency Needs

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text on the use of 
specifications, standards, and data item descriptions in solicitations 
and contracts. This proposed rule is a result of a transformation 
initiative undertaken by DoD to dramatically change the purpose and 
content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before August 22, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D073, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include DFARS Case 2003-D073 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Robin Schulze, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dpap/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes--
     Update references to the DoD 5000 series publications and 
the DoD database for specifications, standards, and data item 
descriptions; and
     Delete procedures for use of specifications, standards, 
and data item descriptions and for use of Single Process Initiative 
processes instead of military or Federal specifications and standards. 
Text on these subjects will be relocated to the new DFARS companion 
resource, Procedures, Guidance, and Information, available at http://www.acq.osd.mil/dpap/dars/pgi.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
makes no significant change to DoD policy for the use of requirements 
documents in solicitations and contracts. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D073.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 211 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Parts 211 and 252 as 
follows:

PART 211--DESCRIBING AGENCY NEEDS

    1. The authority citation for 48 CFR Parts 211 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 211.002 is revised to read as follows:


211.002  Policy.

    All defense technology and acquisition programs in DoD are subject

[[Page 35603]]

to the policies and procedures in DoDD 5000.1, The Defense Acquisition 
System, and DoDI 5000.2, Operation of the Defense Acquisition System.
    3. Sections 211.201 and 211.204 are revised to read as follows:


211.201  Identification and availability of specifications.

    Follow the procedures at PGI 211.201 for use of specifications, 
standards, and data item descriptions.


211.204  Solicitation provisions and contract clauses.

    (c) When contract performance requires use of specifications, 
standards, and data item descriptions that are not listed in the 
Acquisition Streamlining and Standardization Information System 
database, use provisions, as appropriate, substantially the same as 
those at--
    (i) 252.211-7001, Availability of Specifications, Standards, and 
Data Item Descriptions Not Listed in the Acquisition Streamlining and 
Standardization Information System (ASSIST), and Plans, Drawings, and 
Other Pertinent Documents; and
    (ii) 252.211-7002, Availability for Examination of Specifications, 
Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent 
Documents.


211.273-2  [Amended]

    4. Section 211.273-2 is amended in paragraph (c) by removing ``(see 
211.273-3(c))''.
    5. Section 211.273-3 is revised to read as follows:


211.273-3  Procedures.

    Follow the procedures at PGI 211.273-3 for encouraging the use of 
SPI processes instead of military or Federal specifications and 
standards.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    6. Section 252.211-7001 is amended by revising the section heading, 
clause title, and clause date to read as follows:


252.211-7001  Availability of Specifications, Standards, and Data Item 
Descriptions Not Listed in the Acquisition Streamlining and 
Standardization Information System (ASSIST), and Plans, Drawings, and 
Other Pertinent Documents.

* * * * *

Availability of Specifications, Standards, and Data Item Descriptions 
Not Listed in the Acquisition Streamlining and Standardization 
Information System (Assist), and Plans, Drawings, and Other Pertinent 
Documents (XXX 2005)

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[FR Doc. 05-12098 Filed 6-20-05; 8:45 am]
BILLING CODE 5001-08-P